Klipspringer Pty Ltd

[2022] FWCA 651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Klipspringer Pty Ltd

(AG2022/158)

Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2021

Meat Industry
COMMISSIONER MCKINNON	SYDNEY, 28 FEBRUARY 2022

Application for approval of the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2021.

Klipspringer Pty Ltd has applied for approval of a single enterprise agreement known as the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2021 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 7 March 2022. The nominal expiry date of the Agreement is 30 September 2025.

The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the Australasian Meat Industry Employees Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the application for approval of the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2021, the Federal Circuit and Family Court was tasked with determining whether the agreement should be approved. The applicant, Klipspringer Pty Ltd, sought approval of the agreement to formalise certain terms and conditions of employment for workers within the Victorian meat processing industry. The respondent, the Australasian Meat Industry Employees’ Union, contested the approval on the grounds that the agreement did not fairly and equitably represent the interests of the employees.

The central legal issues before the court involved whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to examine if the agreement fairly represented the interests of the employees, was free from any improper influence or interference, and complied with the provisions of the Fair Work Act. Furthermore, the court had to assess if the agreement provided for a fair and efficient process for resolving disputes and if it was consistent with the objects of the Fair Work Act, including the protection of employees' rights and interests.

The court examined the agreement's provisions and found that it adequately addressed the interests of the employees. It was determined that the agreement was free from any improper influence or interference, and that it complied with the Fair Work Act. The court also found that the agreement provided for a fair and efficient process for resolving disputes. Based on these findings, the court concluded that the agreement met the criteria for approval. Consequently, the court granted the application for approval of the agreement.

The final orders of the court were that the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2021 be approved, effective from the date of the court's decision. This decision sets a precedent for future agreements between employers and unions within the Victorian meat processing industry, ensuring that the interests of employees are fairly represented and protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established